Section 38A

The person referred to in subsection (1) shall be bound to answer all questions relating to the case put to him by the Director General or any officer duly authorized in writing by him:

Provided that the person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge, penalty or forfeiture.

A person making a statement under this section shall be legally bound to state the truth, whether or not the statement is made wholly or partly in answer to questions.

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The Director General, or any officer duly authorized in writing by him, in examining a person under subsection (1) shall first inform the person of subsections (2) and (3).

A statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb-print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish, and where the person examined refuses to sign or affix his thumb-print on the statement, the Director General or any officer duly authorized in writing by him shall endorse thereon under his hand the fact of the refusal and the reason for it, if any, as stated by the person examined.

Admissibility of statements in evidence

38AA. (1) Except as provided in this section, no statement made by any person to the Director General or any officer duly authorized in writing by him in the course of an investigation made under this Act shall be used in evidence.

When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to the Director General or any officer duly authorized in writing by him in the course of the investigation under this Act and may then, if the courts thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the

Evidence Act 1950 [Act 56].

Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.

Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or

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falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the

Evidence Act 1950.

When any person is charged with any offence in relation to the making or the contents of any statement made by him to the

Director General or any officer duly authorized in writing by him in the course of an investigation made under this Act, that statement may be used as evidence in the prosecution’s case.

Power to require attendance of persons acquainted with case

38AB. (1) The Director General or any officer duly authorized in writing by him making an investigation under this Act may, by order in writing, require the attendance before himself of any person who appears to the Director General or any officer duly authorized in writing by him to be acquainted with the facts and circumstances of the case, and such person shall attend as so required.

If any such person refuses or fails to attend as required by an order made under subsection (1), the Director General or any officer duly authorized in writing by him may report such refusal or failure to a Sessions Court Judge who shall issue a warrant to secure the attendance of such person as may be required by the order.

Service of notices